No evidence of involvement in conspiracy, argues senior counsel for Shifa ur-Rehman

New Delhi [India], July 11 (ANI): Delhi's Karkardooma Court on Friday heard arguements on the charge on behalf of accused Shifa Ur Rehman in the larger conspiracy of the Delhi riots case. It was submitted by the senior advocate for the accused that there is no evidence to show the involvement of the accused in the alleged conspiracy of the Delhi riots.
Additional Sessions Judge (ASJ) Sameer Bajpai heard the arguements on behalf of the accused Shifa Ur Rehman. The Court has listed the matter for hearing arguements on behalf of the accused on July 14.
Senior advocate Salman Khurshid, along with advocate Bilal Anwar Khan, argued for Shifa Ur Rehman.
Special Public Prosecutor (SPP) Amit Prasad appeared for the Delhi police.
During arguments, Senior Advocate Khurshid referred to statements of protected witnesses to support his submissions.
It was submitted that there is no any other FIR against him to make him a part of larger Conspiracy.
The senior advocate submitted that protected witness Beeta, in his statement, had said that the accused Shifa-ur-Rehman, Amanat Ullah Khan, and Asif Iqbal Tanha used to attend the meetings, but there is no evidence indicating what was discussed during those meetings.
Senior advocate Khurshid further submitted that another protected witness, Hector, had stated that a committee was constituted, which included students as members. He added that Shifa-ur-Rehman was present as the president of the former student association.
He also referred to the statement of protected witness James, who stated that the JCC office was situated at Jamia. The protest site's expenses were incurred by the Association of Alumni of Jamia Millia Islamia (AAJMI). There is nothing that shows that the accused had incited the protesters to indulge in violence at the protest site.
Senior Advocate Khurshid submitted that protests are not prohibited in this country and the law supports it.
A witness has stated that he heard in a meeting that Jamia Coordination Committee (JCC) will lead a chakka jaam, which is not violence, Khurshid argued.
He also submitted that on Thursday, Bihar was under a chakka jaam. It cannot be said that chakka jam is prohibited in this country.
Khurshid further said that crowd funding is where people come together and give money for the causes they support. A protest cannot be organised by one person.
It was submitted that AAJMI had joined the protest, but there was no incitement, Khurshid said. He added that there was an appeal from AAJMI. It was requested that protesters protest peacefully and not obstruct traffic. At Jamia and elsewhere.
It was argued that Shifa Ur Rahman had not been involved in any activity since 2019. Implicating any such person is unfair when there is no evidence, Khurshid said.
He further argued that the Judge is not a mere post office to frame charges. It must look into the material placed before it. If two views are possible, and one view is based only on suspicion, then the Court will discharge the accused, senior counsel added.
On Monday, it was submitted that there is no evidence to show that he paid money during the protest at Jamia.
Senior counsel on behalf of the accused had submitted that he was not a member of any such WhatsApp groups where any objectionable activity under the law was found.
Khurshid has submitted that the accused is an old student of Jamia. It was alleged that he distributed money at the gate of Jamia during the riots. Whether he paid the money or not, no evidence has been shown by the investigation agency in this regard, the senior advocate submitted.
To establish a conspiracy, a meeting of minds is essential. In this case, there is no meeting of minds, senior counsel Khurshid argued.
Senior advocate had also submitted that any person participating in a protest would buy food, etc. We can't relate these things to broad issues connected with the State's concern.
In this case, there are 18 accused persons, including Umar Khalid, Shakeel Imam, Tahir Husain, Natasha Narwal, Devangana Kalita and others, who are facing the allegations of the larger Conspiracy of North East Delhi riots 2020.
This matter is at the stage of arguements on charge. Delhi police have filed a charge sheet and supplementary charge sheets against accused persons who are booked under UAPA and sections of the IPC.
It is alleged that during riots in February 2020, around 53 people died and hundreds were injured. (ANI)